MARSHALL - After a cyclist was struck in the head by a log, he filed a lawsuit against the truck driver and the company claiming the driver was at fault for not properly trimming the logs.
Phillip Christopher Haltom filed suit against David Paul Weaver and Murphy Bros. Trucking and Construction on Aug. 15 in the Eastern District of Texas, Marshall Division.
The accident occurred on Oct. 4, 2012, as Haltom and his wife were riding bicycles down FM 249 in Cass County near Bloomberg. Defendant Weaver, while driving an 18-wheeler that was hauling logs, attempted to pass Haltom.
According to the lawsuit, the logs were not trimmed properly and a portions of the logs hit Haltom in the back of the head causing him to wreck.
The defendants are accused of negligence for failing to properly trim and haul the load of logs, failing to assure the no logs were dangerously being carried outside the rig’s trailer, failing to keep a proper lookout, failing to properly share the road with a bicyclist, failing to yield the right of way, failing to control speed, failing to timely apply the rig’s brakes, operating the rig in an unsafe manner and for driver inattention.
The plaintiff is seeking an award of damages for medical expenses, pain and suffering, physical impairment, physical disability, mental anguish, lost earnings, loss of earning capacity, interest and court costs.
Haltom is represented by Matthew F. Golden of Cochran & Golden PLLC in Texarkana. A jury trial is requested.
Case No. 2:13-cv-00630